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Perez v. Society of New York Hospital

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1996
225 A.D.2d 467 (N.Y. App. Div. 1996)

Opinion

March 26, 1996

Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).


The protections afforded workers from gravity related injury and violations of the Industrial Code provided by the Labor Law extend to asbestos workers ( see, Klapa v O Y Liberty Plaza Co., 218 A.D.2d 635). We reject defendants' argument that an owner or general contractor without asbestos license or certification has no control over the work site. On the contrary, access to the site before removal, and even during removal as an "authorized visitor", is permitted ( 12 NYCRR 56-1.4 [r]; 56-9.3). We also decline to grant plaintiff summary judgment as to liability inasmuch as this issue was not presented to the motion court.

Concur — Rosenberger, J.P., Ellerin, Rubin and Nardelli, JJ.


Summaries of

Perez v. Society of New York Hospital

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 1996
225 A.D.2d 467 (N.Y. App. Div. 1996)
Case details for

Perez v. Society of New York Hospital

Case Details

Full title:MARINO PEREZ, Respondent, v. SOCIETY OF NEW YORK HOSPITAL, Individually…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 26, 1996

Citations

225 A.D.2d 467 (N.Y. App. Div. 1996)
640 N.Y.S.2d 502

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